Maxims of Pious Policy, Discourse
Vox Coeli.
Containing Maximes of Pious Policy.
RELIGION is the beſt reaſon of State, the ſtrongeſt pillar of a Common-wealth: and muſt be the rule of all Government, Divine and Civill, the Word is the menſura menſurans▪ There is the meaſure of a man, which is Angelicall, (a) Apoſtoll▪ 21 Rev. 17. Eph. 2. 30. Rev. 13. 17. 1 Tim. 4. …. 2 Pet. 1. 20.call (a) There is the number of a man which is Traditionall (a) Diabolicall, (a) becauſe it is beſides, or againſt that rule, which is Theopneumaticall (a) If States rule by meaſure, and not by …mmber, then do they order their wayes ſo as to pleaſe the Lord, and thereupon may expect their enemies to be as peace with them. Pure worſhip is the ſanctuary of ſtrength, and Saints Pro. 16. 7. Den. 11. 31.the ſtrength of Governors. In the deformation thereof, the earth mournes, a curſe devoureth the Land. The tranſgreſſion Zach. 12. …. Eſa. 24.therof being heavy upon the inhabitants, by Sword, Famine, and Peſtilence (a) In the Reformation of Religion, from the very day it begins, all curſes are turned into bleſſings, (a) …ggai 2. 2 Chr. 13. 1…. 2 Ch…o…. 15.how … againſt Jer…boam, (a) how Aſa, (a) Jeh…ſ…phat (a) H…kiah, (a) and Joſiah, (a) upon the ground proſpered Divine Hiſtories manifeſt.
2 Chron. 17. the whole. 2 Chr. 31. 10, 21. 2 Chr. 34. 24.In the advance of Reformation, Chriſtian Magiſtrates ſhould be the chiefeſt inſtruments, being furniſhed with power from heaven, with a fourſold authority to that end.
1. A Reſtrictive authority, a power of reſtraint in things Judg. 18. 7.pertaining to the outward man; (a) (the word ſignifies a poſſeſſion of reſtraint) all great and groſſe ſins againſt nature, Tim. 9. 10. 1 Sam. 3 13.againſt Gods Law, the Magiſtrate muſt reſtrain: what the ſin and puniſhment of Ely was is not unknown (a). Whatſoever is apparently ſinfull in the worſhip of God, to provoke the eyes 1 Chr. 5. 12, 13, 15.of his glory (a), is prejudiciall unto the externall Communion, to the civill peace, and to the peculiar liberties of Churches, ſuch offences the Magiſtrate may inhibit; he muſt reſtrain (a) and without the exerciſe of this power, all ſin, all miſery; 1 Tim. 2. 1.all confuſion would fall upon Churches, upon … inevitably. (a) Parents, (a) and Maſters, (a) have this power granted Judg 19. 1, 2. Pro. 29. 15. Prov. 29. 19 Deut. 21. 1….them of God. Therefore Magiſtrates have it much more, they (a) being the Fathers and Maſters of all Families, under their civill juriſdiction.
2. A Vindictive authority, a power to inflict civill cenſure or due puniſhment ſutable to the violation of Gods Law, in caſes momentall and prejudiciall to the honour of heaven. Thus Idolatry, a ſin againſt the firſt Table, is to be puniſhed by the Job 3: 26, 27, 28 Verſe 9. 10.Judge, (a) aſwell as Adultery a ſinne againſt the ſecond Table, (a) thus alſo blaſphemy (a) againſt God, this alſo Sabbath breaking, all theſe ſins are to be puniſhed by him, (a) and without the exerciſe of this power, the wrath of God cannot bee Neh. 1…. 17, 18, 21.kept off Kingdoms or States. This argument is …ged by Nehemiah, who telleth us, that a meet externall and Politicall obſervation of the Sabbath, doth prevent, or divert the wrath of Rom 1…. 34.the God of heaven. (a) The Magiſtrate hath the Civill ſword committed unto him from heaven, to puniſh, and to be a terror to evill works. All evills indifferently, whether Morall, or Theologicall, Civill or Sacred, which are groſſe and apparent evills againſt the glory of God; for ſo far as he is to encourage good, he is to diſcourage evill, but he is to encourage all, and to be a terror to no good works. And therefore ſo for is he to … 13, 4diſcourage all evil, and to encourage …o evil works, … (a) and Maſters (a) have received this authority from Chriſt in 1 P…t. …. 18.their families, he that's over all families hath not leſſe power then hee that is confined to one.
3. A decretive or mandative authority, a power of commanding civilly what God commands in matters of Religion, appertaining to the outward man, (a) The King of N…ive… did Jonah … 7.not reſpectively command the duty of Faſting and Prayer, as convenient and profitable (leaving the people to their liberty of practice therein, to obey or diſobey that command which ſuited beſt with their own judgments or conſciences) but he… doth poſitively decree it, and that as an abſolute neceſſary meanes to turn away the wrath of God from that Kingdoms, and therefore he bound them in obedience to that decree, by … Tim. 1. 9, 10, 11. …l. 5. 19, 20 21▪ Zac. 13. 2, 3, 4the force of civil authority, upon a ſacred ground…ſo in matters of ſaith aſwell as practice, (a) the Magiſtrate may command what the Word commands, either expreſſely, or by clear inference, and naturall deduction, (a) An Act if it bee good in it ſelf, cannot be evill upon his order; the nature of the thing is not altered upon his command, neither is the obedience given thereto, thereupon unwarrantable: (a) nay rather thoſe that 2 Cor. 30. 5, 8, 10, 12.obey the command of the King and Nobles, are ſaid to obey the word of the Lord, thoſe that diſobey are branded as ſcorners of God and godlineſſe. Abrah… … Prince amongſt the people (a) aſwell as a Father to his Children, as a Maſter to his Servants, Gen. …3. 6.is commended by God, for impoſing the force of a command upon his houſhold to keep the way of the Lord, (a) Gen. 18. 18, 19. John 24. 15.What ſhould I ſpeak of Ioſhua? (a) What of David? a Ruler ſaith he, whether in an occonomical or political State muſt rule not only in juſtice to men, but in the f…ar of God, and bee as the ſun for refreſhing light, and life unto his family or Kingdome. Ezra's hands were ſtrengthned in the ſervice of the Lord by the command of the King, for which he bleſſeth the Lord, … 7. 21.and yet this King a Heathen. Religion doth not at all diminiſh the Civill authority of Magiſtrates, in cauſes ſacred, but rather ſtrengthneth that authority, by ſanctifying the ſame, defining the end, the means, and ordering the uſe, the exerciſe of …ha… power by and according unto the rule of the Word, and to the honor of God only▪ (a) …der the Goſpel Magiſtrates … nurſing fathers to take care that no ſaving adminiſtrations b… wanting Eſay …9. ….to the people, and what is deſtructive to their ſpirituall and eternall good, rather then what is prejudiciall to their corporall or temporall, (The ſoul being of infinite value beyond the body) they are to inhibite and reſtrain. As fathers they are to encourage thoſe which are obedient to the will of the Lord, and thoſe that are apparently rebellious and diſobedient, they are to cenſure. Job was a King amongſt his people, a Father and a Maſter in his family, and he left not his family to chooſe their own way to walk therein, at their own liberty, but he choſe out their way for them, and appointed the ſame unto them poſitively, … Chr. 30. 4. … Chr. … 31.and determinately, that they might walk therein: (a) I might inſtance in Moſes (a) Aſ…, (a) Jehoſap…at, (a) Hezekia…, (a) & J…ia…; (a) beſides theſe forementioned. If it be ſaid theſe were types of Chriſt, I anſwer, that it is true in their perſons, rather then in their power; for why they ſhould be types in that power which is ſacred, rather then in that which is Civill, ſome reaſon muſt be given, or elſe both powers being then (though typically) equally inherent in them, by this argument muſt now determine in Chriſts perſon; and then no humane authority is to be improved under the Goſpel to any end, either ſacred or eivil, which is againſt all ſcripture & reaſon; and by this argument, and ſuch like produced, all occonomicall rule muſt alſo end with politicall, and if ſo, the world would ſoon be involved in all prophaneneſſe and wickedneſſe. And beſides, neither Job, nor Moſes, nor Cyrus, nor Artaxerxes, nor Nehemiah, were types of Chriſt, yet theſe improved this civill authority in cauſes ſacred, and without ſin.
4. It is an Accumulative authority, the power of a Magiſtrate is to ſtrengthen and encourage Churches, and the Saints the members thereof, in their due Liberties, powers and priviledges; to the preſervation of them in peace, and order, (the end 1 Tim. 2. ….of all magiſtraticall authority) (a) ſo far as any matters of Religion (coming under cognizance of the Civill Magiſtrate) (as a publick officer of the State) do further or hinder that peace, ſo far the Magiſtrate may uſe his civill power, and if matters of Religion be pertinaciouſly, and tumultuouſly upheld to the diſturbance of the publick peace, he may cenſure ſuch perſons, and acts in reference thereto, and without the exerciſe of this power, Churches would aſſoone decay as States. That vaſt authority that ſome Sycophants (againſt all reaſon and rule) have attributed unto Magiſtrates, hath much prejudiced their due power in the opinion of ſome, (whoſe affections are good, but grounds weake) wanting the ſerious and judicious conſideration of theſe foure ſubſequent limitations, the qualifications of that foure-fold forementioned Authority.
1 This power is not abſolute, the Magiſtrate may not do quod libet, nor quod expedit, but quod lic…t: (a) he may not appoint 1 Cor: 10. 23.what forme of Doctrine, Worſhip, and Government in Churches he pleaſes, not what he judgeth to be ſound, and Orthodoxall, nor what others adviſe him unto as regular, nor may he diſpence with any divine command, nor can hee alter the nature of things to make that abſolute which the Lord Chriſt hath left indifferent, that lawfull which is ſcandalous, that expedient which is lawfull, neither muſt hee be obeyed in any ſuch commands, (becauſe contrary to divine Acts 4. 19. Acts 15. 28, 29.authority,) the word only being his rule, (a) the Apoſtles had no ſuch power, (a) therefore Magiſtrates much leſſe.
Secondly, this power is privative, 'tis not a power to infringe the Liberties of the Saints, the due priviledges and 1 Tim▪ 27, …power of Churches, but rather a power to ſtrengthen the immunities thereof: he may not forbid any thing, but what is forbidden by the word directly, or by expreſſe conſequence: (a) Pray (ſaith the Apoſtle) that yoú may live under his government, 1 In all godlineſſe, 2 In all honeſty, 3 In both peacably: he doth not ſay, pray that he may not meddle in matters of Religion and godlineſſe, that being ſacrilegious uſurpation: but pray that in uſing this authority in things ſacred, as civill, pious, as juſt, you may peaceably exerciſe all Acts of Religion under ſuch a Magiſtrate, that by his improvement of his authority againſt thoſe that ſhould diſturb you in the profeſſion and practiſe of Religion, as well as of honeſty, you may live in godlineſſe peaceably, in all godlineſſe in the higheſt degree▪ as well as in all honeſty. 2. He doth not ſay, pray that the Magiſtrate may not hinder you in a contrary practiſe to godlineſſe, (if according to the light of your conſcience) no more then he ſayes, pray that he may not reſtraine you in any courſe of diſhoneſty, (though to your conſcience a ſuppoſed caſe of honeſty) which caſes may be incident ſometimes to godly men, for this were to pray that we may be left to all ungodlineſſe and diſhoneſty, if we E…k 14. 4, 5.underſtand the Scripture in the genuine ſenſe thereof, and do not wreſt it unto our own deſtruction, if we ſet not up an Idoll in our hearts and put the ſtumbling block of our iniquity before our face, when we come to the word to require the will of the Lord therein.
Thirdly, this power is not eccleſiaſticall, the Magiſtrate can force no Order or Ordinances upon Churches, contrary to divine Order, no perſon to become a Member of a Church who is unworthy, no Church to do any Act againſt the will of 2 Chron 26. 16. 1 Sam: 1…. 12, 13.Chriſt, nor may he intermeddle in Church affairs to adminiſter officially, the word, the ſeals, or cenſures, but he muſt leave Church Officers to diſcharge their duty therein, as called thereunto Eſay. …9. 23.by God, and himſelfe as a Member thereof muſt humbly ſubmit thereunto, in feare and reverence to the KING of Nations.
Fourthly, This power is not wholly ſpiritual, neither in reſpect of the object, nor ſecondly, in reſpect of the ſubject.
Firſt, Not in reſpect of the object▪
The Magiſtrate cannot reſtrain or cenſure the inward luſts of the heart, nor the corruption of the judgment. When acts are externall, doe infringe liberty, doe violate the publick peace, and become pernicious and deſtructive to others; then do they fall under the civill juriſdiction of the Magiſtrate. Such things as appertaine to the outward man, ſuch things only are within the cognizance of the civill Magiſtrate.
Secondly, The Magiſtrate cannot conſtraine to the inward exerciſe of religion with ſpirit and power; he cannot compell any man to bel…eve, or yet to repent, that being the eſpeciall gift of grace, and worke of divine power. The Magiſtrate Jo… 3. 5, 6, 7, 8, 9, 10.(as the King of Nineveh did) may make uſe of his coercive authority to compell his ſubjects to the externall meanes of faith, and repentance, as to the hearing of the word by which ſuch may be ſaved, as are enemies to Chriſt and to their own ſoules, in oppoſing, or neglecting the ſame, he may preſſ… them 1 Kings 21. 29.to the frequent uſe of theſe meanes, without which they periſh; and therein he may urge them to the external acts of humiliation, and reformation: which acts materially are gratefull to God, ſucceſſefull to men, and powerfull inſtrumentall meanes, not only to remove a judgment from ſuch perſons, but alſo from a Nation.
And if Magiſtrates ſhould want ſuch power in theſe caſes, and at times of divine judgment imminent, or incumbent, Ez… ▪ 7. 23, 26, 27.they ſhould want inſtrumentall and phyſicall meanes to remove the wrath of God from their dominions. Naturall worſhip being due to God from all men naturally as their Rom: 1. 21. Jer: 10. 25.C…eatour; and that neglected, or denyed, procures both guilt and puniſhment inevitably, irrecoverably upon States or Kingdoms.
Secondly, This power is not wholly ſpirituall in reſpect of the Subject.
The power of the Magiſtrate is not a compulſive power over the conſcience, to deſtroy or infringe that liberty purchaſed by Chriſt. Conſcience is bound to no other Lord, or Lawgiver then Chriſt, to no other rule then the Word. My liberty of Conſcience is then infringed when the Magiſtrate compells me to do that which God forbids, or hath not commanded, or …ath left indifferent, or when he doth preſſe me to any thing beſides or againſt that which he who is Lord and Lawgiver preſcribeth, who only hath dominion over my faith and conſcience; and this is uſurpation. To command religion coercively without due information of the judgment and conſcience by cleare Scripture, and ſenſe of divine reaſon, is Tyranny over that conſcience which the Word, and not the Sword, muſt convince, muſt reduce. Notwithſtanding if a Magiſtrate preſſe me to that faith which he that … dominion over preſcribes, and provokes me unto that duty, which in conſcience, and by divine command I am bound to perform to him who is the Supream Soveraign of Hea…e… and Ear…, and Lord over my Conſcience; this i… …o reaſon can … called oppreſſion of conſcience, becauſe this tends not to the ſuppreſſion, but to the advance of Truth: Shall the word and the due obedience thereof, when urged by men, be the cauſe of perſecutions? The Magiſtrates preſſing to the obedience of truth is no cauſe, it is the errour of his judgment, his mi…k… of the rule, his preſſing that upon the conſcience of another, which is an error in it ſelfe, condemned by the word, and this is the ſole ground of perſecution: As the erro… of the Judge in cauſes civill, is the ground of his injuſtice. Now to recl… this error, we muſt not take away the lawfull uſe, but regulate the abuſe of this Authority. If Magiſtrates ſhould diſuſe their power in Non-adminiſtration, or abuſe it in Maladminiſtration, Pſal 8… 5, 6, 7. …3.they ſhall not be ſo much reſpondent unto men, as they ſhall to God therein, from whom they received the Sword, by whom inveſted, for whom intruſted with all their power and authority.
Upon theſe premiſes three or foure Deductions or Concluſions will neceſſarily ariſe from thence: 1 That what
1 Lawes have been, are, or may be inſnaring (not only to the Liberties, Lives, and Eſtates, but alſo) to the conſciences of ſuch as are truly conſcientious and pious, would ſpeedily be repealed. By ſuch Lawes at firſt enacted, Antichriſt …ept 2 Theſſ 2. 4.into his ſeat of ambitious uſurpation, of tyrannical perſecution; (as all Hiſtorians know) the foundation of that bloud ſpilt, and all thoſe miſeries felt, in England theſe by-paſt years was laid in the bloud of our pretious Worthies, not only in M…rian dayes, and under the black cloud of Papacy, but ſince in the light of the Goſpel, under the late government by Epiſcopacy, in the ſufferings of deprived, impriſoned, and baniſhed ones, the loud cry whereof pierced the ears of Heaven for juſtice in the total and eternall ſupplantation of that Plant which the Lord never planted. The experience of former ſufferings hereby may produce feare in our hearts in future.
Such who would repreſent the Congregationall way (in the pureſt practiſe thereof) as the root of Schiſm, Errour, Hereſie, and a breach of Covenant with God and Man; Deſtructive to the peace of Churches, and of the Nation: What do they but open a back doore to uſurpation, tyranny and bloud, at leaſt a wide and effectuall doore to the ſuppreſſion of truth, the advance of Traditionall errour? ſhould this be far from their own intentions, they are not acquainted with the hearts of others, whoſe principles at preſent are bad enough, and ſucceeding ages rather degenerate.
Phil. 3. 15, 16.To put in practiſe the Apoſtles precept, and obſerve his golden rule, his Apoſtolicall Canon, in thoſe matters of Faith and Practiſe, wherein we are agreed mutually to combine in love, and join in fellowſhip, in thoſe circumſtantials wherein we differ to forbeare each other in love, and meekneſſe untill the Lord reveale it unto both.
The difference is of no great latitude between the Presbyterian and Independent party, eſpecially where either are furniſhed with able guides and judicious and pious Officers to governe them, and to go before them: ſuch as are Orthodoxall, and Moderate, Pure, and Peaceable on both ſides, may ſoone accommodate, being agreed in all the fundamentals, and ſubſtantials of Doctrine, Worſhip, Diſcipline, and Government. Both acknowledge a Government Eccleſiaſticall to be Eſſentiall to the being, at leaſt, to the preſerving of a Churches being: both hold Church Government to be Presbyteriall alſo, within the particular Congregation, with the yeilding of Appeals to other Churches, by way of counſell, judgment and cenſure, negative: (and we challenge no more authority over the Church of Rome.)
They do ſeriouſly defend divers Parochical Congregations, and Miniſteries, with whom they hold communion in Ordinances, to whom they are helpfull in the eſtabliſhment of the Doctrine of the Goſpell, and the Worſhip of Jeſus Chriſt, againſt all novell opinions, and practiſes of the times, and is the toleration of theſe intolerable?
As for errours feared and hereſies ſuppoſed to ſpring from this Root, it is anſwered, A totall exemption from ſuch evills 1 Cor. 11. 19▪no Church or Churches can expect until the tares be gathered from the wheat, untill then there muſt be ſchiſms, errours, hereſies. No Churches abounded, were more afflicted therewith then the beſt and pureſt under Heaven, thoſe planted by the hands of the Apoſtles, even thoſe whileſt the Apoſtles were pr… ſent with them, and ſhall we expect immunity? and therefore that breach alſo of Covenant ſuggeſted hereby will appear to be as ungrounded as the former apprehenſions. O that all violence, and envy, bitter invectives, reproachfull languages, and uncivill carriages on both ſides each towards other, might be cenſured, and condemned, that the unity of the ſpirit may be maintained in the bond of peace. And this reconcillation will fruſtrate the expectation of forein enemies, and render their deſign upon our domeſtick differences, vain and fruitleſs, which ſtill continuing is the ſaddeſt omen of confuſion, and Zech. 11. 16.deſolation, if we beleeve the Scriptures. Woe unto us, when the Lord would heal the breaches of this Nation, and we wil Jer▪ 51. 9. Jer▪ …0. 13, 14, 15.not be healed; what may we feare but judgment advanced to the skies? which the Lord prevent, for the fall will be heavy on thoſe who procured, and who continued this wound.
Thirdly, What Lawes or Liberties have incouraged the hearts of wicked ones, or ſtrengthened the hands of …inners by 2 Chron▪ 19 5, 6, to the end.too much lenity, or indulgence, thoſe Lawes muſt be reformed, and eſtabliſhed with greater ſeverity, and with due authority: ordaining ſuch lawes, ſuch executioners, ſuperior, or inferiour, in every place, as may be faithfull in the diſcharge of their duties in conſcience, in obedience unto God ultimately.
Many Lawes are without life, whereby prophaneneſſe increaſe, and the land mourneth under the preſſure of the ſinnes of the inhabitants thereof; what Adulteries? what Inc…ſts? what Pride? what Oppreſſion? yea, what Pagan Ignorance? what groſſe Prophaneneſſe? what ſecret Idolatry? what contempt of divine Worſhip, Sabbaths, Miniſters, Saints? …ad ſymptomes of a declining State, and prognoſticks of irrevocable ruine without ſpeedy prevention, and remotion by a bleſſed, and effectuall reformation. This we have promiſed to God, and the world, we have prayed for: but oh that we were tender and obſervant of our duty, conſcientious … vigorous in our endeavours to ſuppreſſe all ſin, to advance all godlineſſe in the higheſt degree, in our ſelves and in all others: Zech 5. 3, 4.leſt the flying rowle of vengeance, … in upon the Nation. There are mighty crying ſinnes, the ſin… of S…do…, yea ſuch as are not named among the Gentiles, to be found in England, for which the Lord hath ſmitten us (although wee have not returned to him that ſmit…h us,) that his an…er i… Eſay 9. 12. 13.not turned away, but his hand is ſtretched out ſtill: he a…lic… us in our choiceſt comforts, the very ſupports of life▪ the field is waſted, the land mourneth, the fruit trees are withered, the Joel 1.beaſts groane, the flocks of ſheep are deſolate; that a faithfull Land is made barren for the wickedneſſe of thoſe that dwell Pſal▪ 107. 14.therein. The Lord hath been, is ſtill hewing at the root of this Nation, this Parliament, his compaſſion hath r…wled within him, unwilling he hath been to make England as Ireland, as Germany.
Oh that the ſinnes of this preſerved remnant create not a new controverſie, that our overthrow be not like the overthrow of Sodome: who would have thought in ſo fair a morning Gen. 19, 23, 24.a Storm ſhould have riſen? but a Tempe… of fire and Brimſtone, who could have feared? and yet it came in an inſtant ſuddainly. No priviledge will exempt a ſinfull Nation from the puniſhing hand of a divine juſtice; no greatneſſe can ſecure it againſt heaven, no wiſdom can eſtabliſh it, if ſin be found in Je…. 14. Ier: 15.the skirts of it. Not the preſence no… prayers of the Saints▪ not the Oracles, nor the Ordinances of God: no humiliation without reformation can divert that reproach which ſinnes bring upon a Nation, thoſe judgments which they procure. Every ma… begin with himſelf, with his Family, le…t the Lord firſt viſit there: many a Princely, and Noble Family in this State hath faln, by the ſword of the Lords indignation, ſuch who thought themſelves too great to be good, who were unwilling to be informed, who hated to be reformed, theſe have drunke the wine of the Lords fury and were moved, and …d, Ier: 25. 15.they have ſpued, and are falne never to riſe up more. Theſe things happened unto them for examples unto … if we …ake 2 Cor. 10. 11. Ier▪ 25. 31.off God, God will ſhake off us; the Lord hath a controverſie with the Nations, he will plead with all …le…, hee will give them that are wicked to the ſword: the Lord is now upon that worke which others are grieved at, are unwilling unto, that is reformation, which will coſt fire and ſword: (two Zech 13. 8, 9. Eſay …. 1…, 13.parts ſhall dye, the third ſhall paſſe through the fire) he is upon Reforming Parliament, Army, Nation, the hand of the Lord ſhall bee upon the Cedars of Lebanon, the Oakes of Eſay 19. 2, 14.Baſhan, that himſelf alone may be exalted. The Lord is daſhing the ſon againſt the father, brother againſt brother, neighbour againſt neighbour; hath mingled a perverſe ſpirit in the midſt of England, and no wonder the greateſt part of men profeſſing Religion, are without Religion, are againſt Reformation, Chriſtians in name, but worſe then heathens in nature, all crying, pleading for reformation, but few ſubjecting, ſubmitting unto the power, and the authority thereof. the potion that ſhould heal us, maketh us more ſick, the humors of this Nation are ſo farre from evacuation, that they are now more inraged: ….God would have healed Iſrael, and the iniquity of Ephraim diſcovered it ſelfe, a ſad preſage of judgment, and ruine. But if after all this we begin with perſonall reformation: if thoſe who are the reformers of others do eſpecially reforme themſelves; Perſons, Families, Parliament, Laws; then ſhall the light of this Nation break forth as the morning, the darkneſs thereof ſhall be as noone day, and the health thereof ſhall ſpring forth ſpeedily. When the Lord hideth his face, who then can Jo… 34. 2….behold him? but when he giveth quietneſſe, who then can make trouble? Oh that England may be the glory of the earth, the emulation of Jew and Gentile!
Fourthly, and laſtly, as a faithfull Magiſtracy, is the ſupport 2 Chron. 17. 9, 10 2 Chron▪ 13. 9, 10. 2 Chron: …1. 13, 14. …er 33. 17. Pſal: 77. 20. Exod▪ 4. 14, 15, 16, 27.of Law; ſo a learned, pious, painfull, and ſoul-ſaving miniſtery is the beſt ſupport of Religion, and without the conjunction of theſe their mutuall concurrence in Counſell, in authority, no State can proſper. Thou leddeſt thy people like a flock by the hand of Moſes and Aaron. The power of Magiſtrates and of Miniſters are divers one from another, the power of the one being Eccleſiaſticall, of the other civill, yet in reſpect of the exerciſe of this power, they ought not to be divided the one from the other, becauſe they are powers to confirme, not to prejudice the being or wel-being each of other.
The Harveſt is great, the labourers are few: Many there are amongſt us whom the Lord hath fitted with graces, with gifts, and choice abilities, able and underſtanding men in the Lords Ezra 8. 15, 16. Neh. 13. 10, 11. 2 Chron. 17 7▪ 2 Chr. 30. 32. 2 Chr. 31. 4. 2 Chr. 35. 2.work; It was Ezra his care, Nehemiahs, Jehoſapbats, and Joſiahs, who did alſo encourage in the work of the Lord, all who were faithfull in their miniſtration, providing for them a comfortable and honourable maintenance. Chriſtian Magiſtrates, or the ſupream authority of a Nation, hath the power of Chriſt in them, to depoſe and deprive in caſe of unworthineſſe (as Solomon did Abiat…ar) all ſuch as are ignorant, erroneous, and 1 Kings 2. 27.ſcandalous; as be prophane or formall, for from ſuch a miniſtery tolerated, ignorance, error, formality, and prophaneneſs 2 Chron. 11. 14, 15. Jer: 23. 15 Ezek. 22. 26.flowes into a Land, or Nation. And if a faithfull ſoul-ſaving Miniſtery decay, the greateſt glory and bleſſing in a Nation, yea the ſecurity, and tranquillity of that State is departed from it, without which no State can expect ſuch a people their friends, 2 Kings 13. 13. 2 Chron: 13. 9, 10. 2 Chr: 36. 16.they willingly allowing them to be Chriſts foes, to live in ignorance, darkneſſe, and error, without means, and remedy to inform, to reforme their deluded, ſeduced ſouls, ready to periſh, to be deſtroyed unto all eternity. The darke corners of England, pity, and remember thoſe whoſe ſoules cry aloud for bread, who inhabit the ſhadow of death, unto whom Jeſus Chriſt is no more known then unto poor Indians, who have no love unto, no delight in knowledge; nay, who deride the means of grace, who have been your enemies hitherto, but ſuch as have been Chriſts? Papiſts and Atheiſts? improve your power which God hath given you over them, to gain their ſouls to the knowledge and love of the truth and wayes of Jeſus Chriſt.
Falſe Religion hath been carried on by fire and faggot, by force and ſtrength; but pure Religion by the arm of God, by the ſpirit of the Lords mouth ſpeaking from heaven, by contemptible inſtruments againſt the ſtrongeſt oppoſition, without the help of the Princes and Monarchs of this world, nay againſt all their fiery oppoſition, and fierce perſecution, by the travells of a few poor Fiſhermen. Some may queſtion the authority, and diſpute the Call of ſuch, but thoſe who are truly judicious, and humbly pious, can diſtinguiſh between the ſubject, and the adjunct, ſuch perſons being throughly manifeſt unto God, and to the conſciences of good men. It is the grand deſign of Satan, 2 Cor: 5. 11.it ever was, ever will be, if has cannot pluck theſe … to darken the light in heaven, to prejudice that divine … that powerfull operation which the word ſhould find …o the hearts of the hearers, by ſome pretended error in the perſon, in the Call. This plot (as old as N…a…,) was … one thouſand ſix hundred years agone, and then carried on … Heb. …. 10. Mat. 11 18, 19 2 Cor. 10 10. 2 Cor. 13 3, 6. 2 Cor. 11. 6, 7. 1 Cor. 4. 15. …al▪ 4. 14, 15.on purpoſe to prejudice the work in the very time of Reformation. They queſtioned the Call of John to his Miniſtery, of the Lord J. Chriſt to his. They deſpiſed the Perſon, contemned the power of the Apoſtle Paul, even thoſe who were his children, begotten by his Miniſtry, to whom he had been throughly made manifeſt in all things; ſuch as had formerly received him as an Angell of God, yea as Chriſt Jeſus, who would ha… plucked o…t their eyes to have done him good, yet theſe, even theſe injured the Apoſtle, ſtood in a kind of enmity and oppoſition unto him, vilified his Miniſtry, prefer'd a weak, ye… … corrupt Miniſtry, beyond that which the Lord had … bleſſed and ſanctified, to the converting and ſaving of theirs▪ with the ſoules of many others. Verily every man at his … ſtate is altogether vanity.
Jer. 22. 15, 16. Amos 88, 9, 10 Amos 5▪ 12, 13, 14, 15.2. Juſtice is the ſupport of Religion: Is not this to know mee, ſaith the Lord; to doe judgement and juſtice, to judge the cauſe of the poore and needy? The neglect of juſtice is puniſhed with the greateſt judgments from heaven, procur…th certaine and ſudden miſery after the faireſt hopes of mercy, … ſun-ſet even at noon day; and is numbred amongſt the might… ſins of a Nation, which the Lord will not pardon▪ when … Eccle. 5 8 Deu. 1… 7, 8, 9is a cry in the hearts, in the families of the oppreſſed, this cry is loud in the cares of God; if the yoke of cares of griefs, by the loſſe of the eſtates, of the lives of oppreſſed ones▪ …f the heavy burthens, preſſing the minds, oppreſſing the families of poor men, be not broke off ſpeedily, this haſtneth the deſolation, Eſay 5. 7, 9, 10the devaſtation of great families, and of Nations alſo▪ a… honor, no parts, no power, can ſecure the greateſt from Divine juſtice, or from humane hatred, in caſe of ſuch neglect: If … Jo… 34. 17, 18, 19, 2…, 29, 30.be tyrannicall, the Souldier ſhall do that juſtice for an oppreſſed people, which they could never obtain from Sycophantical Royalliſts: if States abuſe their power, betray their truſt, the ſame God hath ordained the ſame nod for … Ier. 6. 4, 5, 6. … King… 3. 2…. Pſal. 85. 9, 10. Eſa. 32. 17, 18.which renders the perſons, the actions of … … honourable, in the hearts, in the eyes of God, of good … procures a Nation mercy, and peace, … ſp…dy, a … eſtabliſhment to the greateſt proſperity thereof to all ….
1. Juſtice Reſtrictive in reſtraining the exorbitant power of ſome, in calling others to due account, intruſted with the affairs of the publick. The Romans not only oft changed their Magiſtrates, but inſtigated the people to accuſe ſuch … they found perfidious and ſelf-ſeeking in their Offices, whereby their Common wealth flouriſhed, Queen Elizabeth when her great Officers of State at any time complained, that it was to her diſhonour to hear and receive ſo many accuſations againſt her great Counſellors of State as ſhe did, they tending to their diſcouragement, becauſe to their diſparagement, ſhe replyed, that ſhe was Queen of the ſmall, aſwell as of the great, and therefore ſhe would hear the meaneſt ſubject, and if the charge were unjuſt ſhe would cenſure the accuſ…r, i… juſt, …he would not protect the greateſt from juſtice▪ Samuel when the people … diſcontent with Ariſtocracy, and do…ted upon Monarchy▪ (they 1 Sam. 12. 3, 4… ▪would have a King and Judges no longer) he inſtigated all men that could juſtly do it, to accuſe him of injuſtice … the Lord, and before the King, a ſingular example of … and juſtice, a preſident to all perſons, at all times, in all place…, to act ſo righteouſly, that they ſtand …l…er before God, in their conſciences, and againſt the cenſures of the wholeworld.
2. Juſtice Vindictive in puniſhing the nocent, and not permitting the guilty to goe free▪ juſtice muſt be impartiall, without reſpect to perſons, even the higheſt acts of vi…diction juſtice… It is Deut. 10. 17. Deut. 13. 9, 10, 1….ſaid of Levi, that he regarded neither father, no… mother, nor brethren, nor children, and the bleſſing of peace w… upon him. What ſhould I ſpeak of the act of … of Samuel, upon Agag K. of … of Jeb…jadab upon … Jebijad… it the declining State of Judah, fals upon an act very irregular, yet in that caſe truly juſtifiable, he contri… the depoſition of … Infinuates to that and into the …ffections of the Souldiers, and 2 King… 11. 14, 15.to ſtrengthen himſelf he ingageth them in this deſign▪ … proclaimes a new King, in the Kings minority modells the … ſwears the people to ſubmiſſion to thoſe Laws enacted by … ſelf; makes a decree, that whoſoever ſhould break into the ranges ſhould dy although it were the Queen, and accordingly commanded her execution in the Royall City, near to the Court, (the place of her ſin ordained to be the place of her ſuffering) before all the people, yet this was not without bleſſing and ſucceſſe from heaven, ſaith the Text; the neglect of … 1 Kings 20 42.upon B…nhadad King of Aſſyria brought a ſword upon Aba…: the neglect thereof upon the houſe of Saul, by the Princes of 2 Sam▪ 11. 1, 2. Eccle: 8. 11. Eſay 59 11. Deut: 1. 17. Deut: 17. 8. Levit. 19 15. Deut: 25. 1.Iuda…, procured three years famine upon Iſrael: the want of impartiall juſtice imboidens the wicked in ſin, diſheartens the godly in rightcouſneſſe.
As juſtice muſt be impartiall in reſpect of perſons, ſo of … ſes criminall, or civill, adminiſtred with due reſpect to the truth of the Cauſe, to the juſtification of the righteous, to the condemnation of the wicked, a more gratefull ſervice to God Prov: 28. 21.then ſacrifice: It is recorded by Solomon to be the character of a perſon very ignoble, to reſpect perſons in judgment▪ for a … of bread (ſaith the Text) ſuch a man doth tranſgreſſe; only ſuch acts muſt be performed.
1. With ſincerity; Jeb… did materially what God commanded, 2 Kings 10. 30.and commended, againſt the houſe of Aba…, yet becauſe he did it not formally, with reſpect ultimately to the Lords honour, but reſpectively to eſtabliſh his own eſtate, honour and greatneſſe; therefore not only Jeb… is found guilty of all the Hoſ: 1: 4, 5.blood ſo ſpilt by him, but all Iſrael is plagued for that depraved 2 Chr: 1…. 10.act, in reſpect unto the ſiniſter end. If judgment be not adminiſtred in the ſear of the Lord, with ſincerity, with faithfulneſſe, 2 Sam: 24. 1.it procures wrath from heaven againſt the perſons ex… ting, and the Nation wherein it was executed; the ſins of Publique perſons reflect upon the Republique.
2. With Prudence; it was the prayer of Solomon, that the Lord would give him a wiſe and underſtanding hear… 1 Kings 3. 7 Prov: 17. 15. 2 Sam: 14. 33. Judg: 21. 15. Hoſ. 12. 6. …ſ. 106. 32. 3….to judge his people; Wiſedome is requiſite to diſtinguiſh cauſes and perſons, wiſedome to inflict cenſures in proportion to demerit. Too much Lenity animates the perſon, juſtifies the facts too much ſeverity renders the moſt righteous cauſe, in reſpect unto that act, diſhonourable: judgment muſt be te…per…d with mercy, the … be afforded that perſon in whom we puniſh o…r … inclinations, leſt a diſtemper in them … vocation to the Almighty, … with reſpect to former merit is … and the … of mercy over the ſevere ſtroke Juſtice is honourable … extent of mercy as much inflaming the affection of Love, … the reſtraint of or rigour in the execution of Juſtice, will … it.
1 Kings 2. 2….This rule we may learn of the holyeſt, … Politician, that ever the ſun ſhined upon, Solomon. … is requiſite to determine the time & ſeaſon of judgment, for if the 2 Sam▪ 3. 39. with 1 Kings 2. 31.blood of one nocent, ſhould hazard the lives of many … cents, there may b…e a ſuſpenſion of the act to a … opportunity, … David did in the caſe of Joab.
3. Juſtice Remunarative, in the due requitall of friends who have been faithful ſervants to the Publique: for … only to complement with their friends is diſhonourable but to be juſt towards all, …el Prami…, …il Pava, is truly noble▪ The Gr…ians obſerved, that this ſtain ever remained upon the garments of Princes, upon the raiment of Court…s▪ variable in their affections, ſlow in their Compenſations; … tells … that it is an ill ſigne of a declining State, an ill pr…ſa… of the decay thereof, when ſuch as deſerve well from it, ſhall …d no other recompence by it, then the … of their own conſciences; it is yet worſe, when ſuch as are beſt … to … welfare of it, ſhall find no more favour from it, then if they … Prov. 1…. 24.been acters againſt it; benefits are ſometimes acknowledged, very rarely required: Solomon tells … of a poor wiſe … Eccle 9. 15.ſaved a City, yet no men remembred that poor man … ſome men forget, God will (and tho…e like God for goodneſſe Hoſt. 6. 1, 2. 2 Sam. 17. 27. … Sam. 19. 32.dare not but) remember the acts of ſuch▪ divi… power procured M…rde…l's advance, David re…bred the kindneſſe of B…zillal; Heathens will riſe up againſt ſuch as … called Chriſtians, in the day of Chriſt, what … 1 Kings 2. 7.what others did in the like caſes, for ſuch eminently active for the publique, morall Hiſtories record; … dixiſti … ſaith … we know what a brand of … Gen. 40 23.the ſcripture ſets upon Phara…hs Butler, who though in his diſtreſs hee was comformed by Joſeph, was obliged to ſhew him kindneſſe, to releaſe him from his bonds, yes (ſaith the Texe) he …oſ. 9 4, 5, ….remembred him not. 2. Leſſe friendſhip cannot be afforded, then to ſecure friends from the rage of enemies, this juſtice Ioſhua afforded the Gibeonites; it is an Argument of an ill governed State, which afford…the juſtly accuſed, opportunity to ſeek revenge upon the acouſer, to expoſe the perſons, or … of thoſe who have ſerved moſt faithfully to the violence of malicious enemies. The wiſeſt States therefore have ever kept the ſtricteſt eye upon ſuſpected en…ies, becauſe revenge is ever active, and malice longer lived then either love or thankfulneſs, A…. 11. Rich 2.There was a Parliament in England, called the wonder-working Parliament, had they been as wiſe to have kept, as they were potent to gain their juſt right and liberties, … times had not loſt them their honor, nor they i…oparded their own, with the lives of their friends, as they did by their imprudence, improvidence, ſelf-ſeeking, and Treacheri….
4. Juſtice Commutative in all acts and contracts, preferring the good, the profit, the eaſe, the liberty of others, no of Eſay 60 17, 18. Ezek. 45. 11. Nehem 5.our ſelves, In all Impoſitions, and Taxations to afford the people all poſſible caſe and freedom… with reaſon and reſpect unto publick ſafety; The act of Nehemiah is worthy the practice of Publick Stateſ-men, (in ſuch caſes and times,) which act … Lord remembred for good to him, becauſe of that good which he had done to that State and People thereby: ſuch acts are the means to prevent popular diſcontent, as being moſt pleaſing to the people, whoſe lawfull defires muſt be ſatisfied, unleſs reaſon, and love can captive their Spirits. How Agrippa Captain General of the Army of the Romans againſt the … …ppeaſed the Commons of Rome tumultuouſly aſſembled againſt the Senate, becauſe oppreſſed with unneceſſary taxations (… they apprehended) is not unknowns▪ he declaring the … of thoſe wars, which could not with honor be recalled, … concluded, the perill of the peoples conſpiracy, being alike, … if the members of the naturall body ſhould conſpire againſt the ſtomach and belly, unwilling to allow thoſe parts food, becauſe idle, when as each member of the body is nouriſhed▪ and the whole preſerved by thoſe parts: ſo ſaith … the Senate and the Commons of Rome being one body Politick, concord will cheriſh, but diſcord will deſtroy this body, and every part in the whole, which this Sen…te repreſents. The advantage of obedience out of love is infinitely … that of fear, and ſuch States who want the firſt, are neither happy, not ſafe: unhappy the chiefeſt Royalty of Staces, conſiſting in the Peoples loyalty, without which as Henry the fourth ſaid to his ſon, he muſt never repute himſelf King, nor his perſon, nor his honor ſecure; unſafe, having no confidence in the fidelity of ſuch who love only for fear, not fear in love.
Prov. 1…. 14. Prov. 18. 23. Prov. 19. 7. Prov: 14. 20. Hab: 1. 4.2. Juſtice in the righteous, and ſeaſonable conſideration of the cauſes of the poor and needy: It is a ſad ſymptome of a declining State, and that the power thereof ſhall not be prolonged, nor the ſtability thereof remain, when the neceſſities, when the intr…tie… of poore men can neither procure them favour or juſtice, when the law is ſlack, and due judgement proceedeth not, when ſuch whoſe neceſſities require relief, who come to the ga… for Juſtice, are tu…ed aſide, are ſent away unheard; and this is numbred amongſt the mighty ſine, and provoking Amos 5. 12, 13 Prov. 29. 7.wickedneſſe of a Nation; he who is righteous confidereth the cauſe of the Poore, but the wicked regardeth not to know it (ſaith Solomon) the wickedneſſe of ſuch is great, and their Job 22. 5, 9, 10: Prov: 31. 7, 8, 9. Pſal: 82. …, 4, 5, 6, 7. Deut: 10. 18.ſinnes infinite, ſaith Job. Open thy mouth for the dumb, (that is, the patient expectance of the poor) doth pleade the cauſe of the needy (ſaith the Lord) that he may forget his Povarty, and his miſery no more, leaſt the dumb ſig…es cry aloud to heaven for juſtice, upon thoſe who would not afford them juſtice: the complaine of ſuch pieroeth the heavens, … the heart of the … in the wals, the timber of the houſe, proc…teth Heb:. 11, 12. Jam: 5. from the 1 ver: to the 12. Job 29. 11, 12. Job 30. 25. Job 31. 16, 22.judgement men…ileſſe to thoſe who ſhewed no mercy. Iob telleth us that his ſoul was grieved for the neceſſities of the poor, to whom he was a father, from whom he never withhold their deſire, never cauſed their eyes to full: that hee ſearched out their cauſe for them, whereby the bleſſing of thoſe ready to periſh came upon him: ſaith he, if ever I failed them when I might have helped them in the gate, (that is, in the right of their cauſe by a ſpeedy adminiſtration of Juſtice, them et my arm fall from the ſhoulder blade, and let it be broken from … bone; and he gives this for the reaſon▪ this I did, becauſe I feared the Almighty, deſtruction from the Lord was a terro… to me, by reaſon of his highneſſe, I could not endure, that is, he knew that the Lord would be very angry with ſuch neglect, and how unable he was to bear divine diſpleaſure, and therefore he durſt not but judge their cauſe ſpeedily, with reſpect to their neceſſity, to their importunity.
J…r. …1 12.The Lord ſpeaking to the Governors of Iſrael commands them to execute judgment in the morning, (that is, early, ſpeedily, in the greateſt neceſſities, and extremities of his people▪ … 22, …, 4, …5, 16, 17.without tedious attendance and circumſtance) leſt (ſaith he▪ my fury goe forth like fire, and there be none to quench it: ſhalt thou reign becauſe thou cloſeſt thy ſelf in cedar? did not thy father do judgment and juſtice, and then it was well … him? he judged the cauſe of the poor and needy, and then … was well with him: was not this to know me, ſaith the Lord? but thine eyes and thy heart are not but for thy covetouſneſ…, (ſaith he unto Jehoi…kim) therefore thou ſhalt be buried with the buriall of an Aſſe▪ the neglect of juſtice haſtens divine diſpleaſure, procures humane hatred. Such cannot plead want of opportunities to afford every perſon, in every cauſe audience, (the weightyeſt and important affairs of State depending upon Ex. 18. 13, 14. Deut. 1. 12, 13.them, they not wanting power (as J…bro counſelled in the li…e caſe) to ordain Commiſſioners in Hundreds or Counties (men fearing God) to hear and determine ſuch cauſes as can …e determined in no other Court, but by ſuch Authority, were ſuch caſes their own, did their perſons, or their relations ſuffer by ſuch neglects, they would find time and friends to ſerve themſelves▪ … Sam. …3. 3, 4.he that ruleth over men muſt be juſt, and ruling in the fear of God, as the light of the morning when the ſun riſeth, even a morning without clouds.
I ſhall conclude this head with three or four Corollaries as the foundations of Juſtice.
1. Meaſure every civill action by a divine rule. There is an Acts 4. 19.eternall juſtice in the divine law, and every humane conſtitution no further binds any ſoul to obedience active then it hath ſympathy and agreement therewith. Every Legiſlator ultimately intends obedience active, rather then paſſive, in caſes weighty and momentall tending to the neceſſary conſtitution and preſervation of Societies, and Common-wealths, but no law can give ſatisfaction to the conſcience, (with which I am bound to obey) if it be not primitively grounded upon the 1 Per. 2. 13, 29. Rom. 13. 4.word, either directly, or by neceſſary inference. The power of the Magiſtrate is not abſolute, his authority is miniſteriall, his juriſdiction is reſtrictive, his power limited to the word, as his rule, which onelyonly makes his command lawfull, and he commanding what God commands, a witting and wllfull breach thereof with a diſloyall minde, is a double ſinne; againſt God commanding, againſt the power ordained by God. All poſi…ive conſtitutions tending to civill peace, to common good, are generally commanded by God in his word, and to be obeyed upon paine of judgment, and humane lawes, urging thoſe acts morally good, do but enjoine what God requires, theſe law-makers therein being the Lords extentors, adminiſtrators, or aſſignes to execute what he preſcribeth. The neceſſity of all law doth ariſe from the neceſſity of the end thereof, and proportionable to that end, (which is publick good, profit, ſafety, and liberty,) ſo great is the neceſſity of conſtitution, and obſervation; for any to impeach, or prejudice the power ordaining, to obſtruct, or interrupt the end Ezek. 17. 13, 14, 15, 16, 1….for which that power or law is ordained, ſuch an act is uſurpation, preſumption, and rebellion in that perſon whoſoever he be, and is a fi…ue not only againſt man, but God, whoſe word enacts that law to ſuch an end in generall terms.
Secondly, The moral Law (the ground of juſtice) under the Goſpal, doth not onelyonly binde us Gentiles to the rules of juſtice commutative, or diſtributive, but the very ſame penalties Mat. 5. 17, 1… ▪ 1 Tim. 1. 8▪ … 10. 1 Tim. 5▪ 1….primitively impoſed by God upon the Jewes in the ſame caſes, do as well oblige us to the ſame puniſhments, becauſe the morall equitie of thoſe lawes remaine. Hence from the equity of that Politique law, the ſpirit of God argeth the neceſsity of maintenance of miniſters under the Goſpell. This is an everlaſting Maxim, that what law was given to the Jewes and not as Jewes, (i. e. reſpective, as a people in Covenant with God above all other Nations, as a people redeemed from bondage, preſerved in the Wilderneſſe, delivered from the deeps, poſſeſſed of Canaan,) but as mortall men ſubject to the like infirmities with thoſe of the Nations, alike bound to the obſervance of the lawes of nature, dictates of conſcience, and principles of religion, reaſon, and juſtice, with others naturally, the ſame law is as binding to us as to them.
If prudent Philoſophers, or wiſe Stateſmen for the preſervation of Societies, Families or Common-wealths by natural reaſon and conſcience judge that neceſſary and juſt for, and in their owne State, which the Law of God determines ſuch in the Politie of the Jewes, (as death in caſes of murther, adultery, &c.) this law cannot be ſaid to be peculiar to the Stars of the Jewes, the ſame reaſon binding all Nations to the ſa… obſervance, which did binde them to obedience.
Upon this ground the Lord inforceth the judiciall law upon Levit. 20. 22, 23.the Jews, forbidding them to walke in the manners of the Nations, becauſe for ſuch ſinnes the Lord abhorred thoſe Nations. Every judiciall Law hath the ſame morall reaſon to inforce obedience, the ſame common equity inherent in it if it upholds the State, or intends the eſtabliſhment of any of the three States of the world, i. e. Families, Churches, or Common-wealths.
Thirdly, The beſt men in making Lawes are ſubject to humane frailties, to errour, to ignorance, to miſinformation, Matth. 19. 7, 8.to prejudice, and miſtake, and when they have made lawes as neare as poſſibly agreeable to divine equity, in their owne apprehenſions, yet they cannot aſſure themſelves or others that they have not failed in one circumſtantiall thereabouts▪ wherefore it is againſt all juſtice, and reaſon, that humane laws ſubject to defects and errours ſhould binde abſolutely as divine commands do; we ſee all Law-makers are … in their acts to impoſe their Lawes with reſtrictions, or amplifications, to interpoſe interpretations, and modifications, their lawes being ſubject to ambiguities. Hence humane laws ſhould be adminiſtred with indulgence, to thoſe that … in ſome eſpeciall caſe or ambiguity of conſcience, and … reaſon may allow a diſpenſasion, as in caſe the end of the law be not violated; in caſe ſuch breach be without juſt offence to any: and laſtly, in caſe it be without contempt of that authority preſcribing and ordaining that laws in ſuch caſes the Magiſtrate may, yea muſt indulge, or he is Tyrannicall. Suppoſe a Magiſtrate commands in time of Warre that no man upon paine of death open the Gates of a City to any perſon: if after this ſtrict order, ſome eminent and well affected Citizen ſhould deſire admiſſion, and the Gate ſhould be opened to let in ſuch a perſon, no danger being eminent, and no perill like to invade the whole by the ſecurity of this part of the body, here is a violation, a breach of the latter and Grammaticall conſtruction of the law, but without the breach of conſcience, without the contempt of authority, without juſt offence or dammage to any▪ without breath of the equity, the ſenſe, and the end of that law; which was, that the City, and every part and member thereof, be p…rſerved in ſafety, in which caſe ſuch a perſon cannot in juſtice ſuffer.
Fundamentall lawes reſpect puniſhment only … becauſe ſo good, ſo juſt a law is diſobeyed, and that end thereby intended, is fruſtrated.
Obedience only is … and ultimately reſpected therein, becauſe without it the foundations would ſuddenly be out of courſe, wherefore thoſe commands of the magiſtrate that tend to the neceſſary good, to the abſolute preſervation of humane ſocieties i… peace, pi…ty, and juſtice, thoſe commands are primitively divine, formally good, finally lawfull, and cannot be violated without ſinne, although the Magiſtrate ſhould define no penalty, impoſe no puniſhment upon ſuch tranſgreſſion▪ the law in theſe caſes reſpecting due obedience in full ſatisfaction to the juſtice thereof, rather their ſubmiſſion to the cenſure, ſubjection to the puniſhment inflicted, in caſe of wilfull diſobedience, and obſtinace violation▪
Fourthly▪ That the Grounds, Rules, and Foundations of Juſtice muſt be of things lawful, poſſible to be obſerved within our power, and tending to general good, to order, and peace, to liberty and ſtability. Hence thoſe acts in ſome perſons caſes, and Numb▪ 30. 3, 4▪ 5, 6, 7, 8, …3.times unlawfull and unjuſt▪ the ſame in other caſes and thries may truly be proved juſt, è contra, … acts in ſome perſons caſes and times juſt, may in others be unjuſt: Shines who curſed Mat: 12. 4.2 Sam 16. 7, 8. 2 Sam: 19. 18, 19, 20, 23. 1 Kings 2. 8, 9. 1 King. 3. 44, 46.and abuſed David, his act was treaſonable, an act … … ſerving death, by the law of God and man, yet upon his ſubmiſſion, David not only promiſed him pardon, but by … and covenant ſolemnly engaged before God to paſſe by the fault, to take off the puniſhment of this ſinne, which … upon better conſideration, and more ſerious thoughts, he (and that without perjury) broke, giving an abſolute charge and command to Solomon his ſonne to put Shimei to death, and hold him no longer guiltleſſe; which decree Solomon accordingly did execute, returning all the wickedneſſe of Shimei againſt David upon his owne head.
Joab was a man of bloud, a man deſerving death; yet … was forced to indulge him ſo farre in his ſinne, as to continue him in his honour, untill the Lord tendred an opportunity, and gave him power to be avenged on him to the … moſt.
Such Oaths, Covenants, Proteſtations, and Declarations … deliberately and raſhly made, ſuch honour and indulgence … i… conferred, or continued to Delinquent perſons deſerving death, condemned by the decree of God; ſuch oaths are … juſtly broken, then with juſtice and honour to God, or … Numb▪ 35. 31, 33.and reſpect to a Republick they can be kept. If a man ſhould ſweare to ſave the life of a murtherer, ſuch an oath not onelyonly may, but muſt be broken, becauſe the Lord hath poſitively determined, that no ſatisfaction ſhall be taken for the life of a murtherer, neither can the land be cleanſed from bloud, but by the bloud of him who ſhed it. The inconſiderate … of making and taking what cannot poſſibly and without ſinne be performed, muſt ſolemnly and ſeriouſly be repented of before the God of Heaven, by States and by private perſons. Such circumſtances may intervene, which may render that oath unlawfull, which at firſt was lawfull, impoſſible to be kept, which before was poſſible, and in ſuch caſes the Lord doth diſingage us, and the binding power thereof doth ceaſe. Oaths Gen. …4 8. Ioſh. 2. 20. 1 King… 1. 51, 5….are conditionall, as was Abrahams ſervants; the oath of the Spies to Rahab; of Solomon, to Ad…n…jah, and binde not unleſs that condition be performed.
If a State do binde themſelves, or others by an oath to defend the Perſon, and power of a Prince, maintaining Religion, and Juſtice, preſerving their Lawes, and Liberties, this oath muſt be kept the Prince performing thoſe conditions, but in caſe he be a profeſt enemy to Religion, an Adverſary to Juſtice, and by no wayes of love or favour can be gained to Patronage the Lawes and Liberties of his People, but ſtill he plots and conſpires againſt the lives of thoſe that are moſt loyall, moſt faithfull, ſuch oaths are no longer binding.
It is abſurd, againſt all reaſon, the light of nature, the laws of Nations, to imagine that any oath ſhould binde a People to deliver their Sword into a Tyrants or Murtherers hands, when they know it is deſired only to murther them, or to be avenged upon them.
Such oaths as cannot be kept with the Peace and ſtability of Nations (all Caſuiſts acknowledge) leave no obligation upon the conſcience, becauſe Reaſon and Rule is the bond of Juſtice.
The Covenant was only a civill bond wherein we engaged out of reſpect to the publick peace and ſafety of the Nation? Is the Nation by any one act in hazard? Nay▪ …s not this peace rather ſecured? have not the Parliament wiſely layed the Axe to the root of our diſtempers? Plutarch reports of Lyſ…nder that he cared neither for promiſe, or oath, longer then they would ſerve the accompliſhment of his owne ends. Did not Cbarles the ninth of France, the ſame? and what Hiſtory can Parallel the Acts of the late KING herein? better one ſhould periſh then a Nation. Ma…aſſes bloud-guiltineſſe 2 Kings 24. 4. 2 Sam: 15.reflected upon all Iſrael; indulgence to any deſerving death, layes a foundation of future miſerie, and emboldens that delinquent in his impiety.
No politick law in a Kingdome muſt diſpenſe with the Poſitive Law of God, that Law enacted by himſelfe for the preſervation Gen▪ 6. 11. Deut: …1.of humane ſocieties from violence. He that ſheddeth bloud, by man ſhall his bloud be ſhed: by man, not by a private perſon, but a publicke Magiſtrate; and a King (if guilty) by the Supream power. The Lacedemonian Magiſtrates were called Ephori, ab foreign, becauſe for the ſafety of the Common-wealth, their eyes and mindes, were intent, … people from Kings appealed to theſe for judgment, who… … thority they reputed great. In France the Patricii Regni … choſen out of ſingular Provinces, to whom the Kings at their Coronation were ſworne as to the whole Kingdo… ▪ … theſe were ſworne to defend the Kingdome, to oppoſe the … proceedings of Kings, and to depoſe them in caſe of Tyranny. 'Tis vaine to inſtance, the law of Nature, of … preſents us with a cloud of witneſſes.
KINGS are indeed Supream in point of Honour, but not ….in point of Power, becauſe the whole power of Governing i… not reſtrained to one perſon, but diffuſed into ſingular par…, in the hands of divers Officers, becauſe their power i… not … naturall power; no man is borne a King; and yet … the relation is naturall, (and in that reſpect ſtronger … if it were civill) the Magiſtrate is to afford reliefe in caſe of oppreſſion, juſtice to the child againſt the parent. 'Tis not an abſolute power, then, as Ariſtotle tels us, their luſts, fr…ntick and brutiſh humours ſhould rule us: then as … ſaid, having got a taſte of our goods, they will being in our he…d… as a ſecond courſe: then at … ſaid, they ſhall neither be tyed to their owne nor yet to the Lawes of their Kingdom…. 'Tis a power conferred: Kings have no more then what is given them, they cannot diſpoſe of their Crownes, Jewels, and Crowne Lands; King John forfeited his Dignity thereby.
Thoſe that reign by conqueſt, if conquered againe, their Honour determins therewith.
Thoſe that are elected; whether Kings, as in Pol…l…, or Dukes, as in Ven…tia; the Supream and Generall Counſell of the State electing, retaine the Authority to depoſe or … in caſe of Tyranny.
Thoſe who are Kings by ſucceſſion, they … received that ſucceſſion as a Royall grant of favour from their Subjects, which grant in caſe of … by Treaſon, or diſability to governe is forfeited, as our Lawes know this gran… was not abſolute; …s a fool, a mad man, a … a … capable of rule?
Succeſſion gives a Title to Dignity, but doth not … … Authority: a Major of a City is not in power till ſworne; thoſe who gave Princes the Title, give them the State thereto appertaining, Prerogative, Crowne Lands, royall Mannors, and Manſion Houſes, Jewels, Impoſts, Subſidies, &c. theſe they cannot diſpoſe of to any other ends or uſes, but thoſe for which they are given. Yea they give them the power and authority thereto belonging; the lawes the people give them. In Germany the Emperour cannot enact a new Law without a Diet, and what the Repreſentative body of the Empire preſent as neceſſary to be eſtabliſhed, he is bound by oath to ratifie: and ſo was it in England. Parliaments are to Kings and kingdoms eyes, a… Moſes ſaid to Hobab.Numb: 1. 31.
And is not that a Parliament which ſtands in the neareſt relation to the people, which is the livelieſt repreſentation of them? Kings and Nobles are but accidentall parts, found prejudiciall to the publick, by ſinfull confederations with the enemies thereof: therefore aboliſhed; yet the power remaines the ſame it was, though not in the ſame hands, improved to thoſe ends only for which ordained, (i. e. publick ſafety,) and by thoſe perſons intruſted with the affairs of the Publick, a perfect and full number, and freely acting, (without ſatisfying the Armies paticular intereſts further then the generall good is concerned therein, which they ſerve out of love, of conſcience, duty binding them thereto, not out of feare, not from the violence of a diſcontented Souldiery, (as malice doth ſuggeſt.)
I ſhal deſire every one that hath an Engliſh heart, that is a ſincere lover of God, and of his Country, to honour the perſons, the poſterities of this happy Parliament, Sanctorum Oraculum, & Mundi miraculum; ſhould you forget them, God will remember your ingratitude: The Children of Iſrael remembred not the Lord their God, who had delivered them out of the hands Judg: 8. 15: Judg: 9. 16, 10 25, & 57.of all their enemies on every ſide, neither ſhewed they kindneſſe to the houſe of Jerubbaal, according to all the goodneſſe which he had ſhewed to Iſrael. And therefore what followed? the Lord ſent an evill ſpirit between Abimelech and the men of Shechem, who deals treacherouſly with Abimelech, whoſe wickedneſſe God rendered upon his owne head, and the evill which the men of Shechem had done, did the Lord … on their heads, upon whom … the curſe of Jotham the …o… of Jerubbaal: What was that curſe? ſaith he to the … if ye have done truly and ſincerely with my fathers houſe in making Abimelech King, if you have done according to the deſerving of his hands (for my father fought for you, and adventured his life far, and delivered you out of the hand of Midi…) if yee have then dealt ſincerely, rejoice in Abimelech, and let him alſo re…oice in you; but if not, let fire come out from Abimelech and devour the men of Shechem; and let fire c…me from the men of Shechem and devour Abimelech.
This was his curſe, which accordingly came upon them, ſo hainous a ſinne is ingratitude, in perſons, or States, i… ſhall never goe unpuniſhed. Reſt ſatisfied with thoſe acts of theirs wherein the publike welfare is concerned, which tends to certaine, and to conſtant eſtabliſhment.
Kings many times have been ſo great▪ that they have been feared, and for their Tyranny as much as hated by their Subjects: thus the Senate it ſelfe of Rome, feared Domitian…, Maxi…inus, and others: Tiberius, Claudius, Dionyſius, Sergius Galbs, Valerianus, and divers more, how were they hated by their People? hence the Germane proverb aroſe, Hell is paved with Kings Crownes and I relates skuls: we know no prince ſo wicked but hath his paraſites: What ſaid the Courtier to Cambyſes, who would have married his owne ſiſter, Perſarum Regi …et facere quod velit: the like ſaid Julia to Antonius Cara…alla, who Hoſ▪ 7. 5, 6, 7.would have marryied his mother in law, ſi libet, li…et, &c. Nobles too ignobly and cuſtomarily conforme their practiſes to their Princes principles, to humour them and to flatter them in their ſinfull luſts: Theſe occaſions of ſinne will bee now taken away whereby glory may dwell in our Land.
And as I would perſwade people to unity of Affection, ſo would I humbly beſeech the Parliament to ſ…eke by all means of favour and love in the firſt place, to gaine the hearts of diſſenting brethren, pious and well affected to the Republicke. There were Leges Amphyctionice, laws tending to unity, this wil be a worke of the greateſt praiſe and bleſsing that ever was undertaken, you ſhall be an eternall excellency, a joy of many generations; This learned Colledg of Phyſitians, (who have the Lord Jeb…vah, Lord Preſident in your Aſſembly, who is wonderful Pſal. 8…. 1.in counſel, excellent in working) we hope wil adviſe, wil preſcribe a powerful & effectuall remedy, to their everlaſting honor: How have Heathens honoured th…ſe who were Reipul li… M…di…i, vel Patroni, as Scip…o among the Romans, Ariſtides among the Athenians? What glory did the Senate of Rome conferre upon Arcadius, of whom they ſaid it had been good that he had never been borne, or that he might not dye.
Yet theſe affections fall infinitely ſhort of the bleſſing and prayers of the Saints: and of the reward and priviledge of the bleſſed in heaven, conſerd by the Lord upon thoſe faithfull to himſelf, to the Publick for his ſake.
In civill Acts remember that decree of Honorius, who enacted that that only ſhould be done by every man unto another, which he would ſhould be done by that other to himſelf, were he in his relation, ſtation, or condition: a Chriſtian rule, yea Chriſts own rule.Mat. 7. 12.
In Religious Acts remember the Counſell of Nazian…n, foreign, The Lord the beginning, the end, the …dium of all; thoſe who honor the Lord, even thoſe will the Lord honour, and you ſo doing to be the very glory of Chriſt in his Churches, the only excellent upon the earth, in whom the delights of God, Angels, and Saints are fixed as glorious and renowned Inſtruments, as the worlds worthies, and of whom indeed it is unworthy.
Thus much concerning JƲSTICE.